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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. It is unfair that the sentence imposed by the lower court (the penalty amounting to KRW 5,000,000) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. Prior to the judgment on the grounds of appeal by the defendant and the prosecutor ex officio, the prosecutor applied for changes in indictment by changing the facts charged in the instant case to the following facts charged at the time of the trial. Since the subject of the judgment was changed by this court's permission, the judgment of the court below cannot be maintained any longer.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act on the ground that the above reasons for reversal are the grounds for ex officio reversal, and the judgment below is reversed, and the changed facts charged without making a decision on the grounds for appeal by the defendant and the prosecutor
[Judgment of the court below]
1. On October 14, 2016, the Defendant damaged property: (a) was driving the Defendant’s vehicle in front of the D cafeteria located in the racing-si on October 14, 2016.
E was under the care of the back of the vehicle due to the failure to drive, and E was under the care of the police by using his mobile phone, and the defendant was under the care of the victim F, the victim F, who was parked in the above-mentioned mobile phone, and damaged the above Poter's load repair cost.
2. The Defendant continued to damage a special property by continuously driving a shoulder lux, which is a dangerous object near the place, and then harming the victim H, the victim H, who was parked next to the above lux, so that the lux and luxs in front of the lux of the lux car and the lux are destroyed by the luxing of the lux, which is the victim J., the victim J., who was the victim J., who was next to the lux, the lux lux lux lux lux, and then 2,096,012 of the repair cost was damaged.